Date of offence
Between 24 Jun 2003 and 03 Nov 2003
Type of offence

1.    Pollute waters (make potentially harmful to fish or other aquatic life) at Corio between 24.06.03 and 20.09.03, contrary to s.39(1)(c) and s.39(5) of the Act

2.    Pollute waters (make potentially harmful to fish or other aquatic life) at Corio on 03.11.03, contrary to s.39(1)(c) and s.39(5) of the Act

Date of court hearing
4 June 2004
Date of court order
4 June 2004
Court magistrate
Mr Saines
Court location
Geelong

Court orders made

Convicted on both charges and ordered pursuant to s.67AC of the Act:

1. To carry out a specific project as detailed below for the public benefit by paying the sum of $75,000 to the Greater Geelong City Council within 30 days of the date of the court order.
2. The payment is to be used for the purposes of undertaking implementation of environmental works to the value of $75,000 identified in the Cowies Creek Restoration Program prepared by the Greater Geelong City Council.
3. To provide the Informant with proof of the payment of $75,000 within 7 days of the payment.
4. The Defendant is prohibited from referring to the payment without reference to these proceedings.
5. To publish a notice in relation to the proceedings.
6. To ensure the notice is to
(a) be in the wording specified in clause 9 and must not be supplemented by additional text;
(b) be published within 14 days of the date of the Court Order;
(c) be published in the Early General News section of the following newspapers:
(i) The Geelong Advertiser
(ii) The Herald Sun
(iii) The Age
(iv) The Financial Review
(d) be of a minimum size of 12cm by 3cm columns;
(e) contain the Defendant’s corporate logo.
7. The notice is also to be displayed in the “news” section of the Defendant’s website and must remain on display for a period of 30 days.
8. To provide the Informant with a copy of each published notice within 3 days of the notice appearing.
9. [The wording of the notice was specified.]
10. The Defendant is ordered to notify its shareholders of the offence, its consequences and the penalty and orders imposed by this Court by publishing the notice, in the terms, style, size and format set out in requirement 6 above in its Annual Report for the year 2003/2004.
11. The Defendant is to provide the Informant with proof of the publication of the Notice specified in requirement 10 within 30 days of the publication of the Annual Report.

Costs: $60,000

Reviewed 13 March 2020